AMIT Vs. STATE OF U P

JUDGEMENT

(1.) This transfer application seeks the quashing of order dated 13.06.2014 passed by the Sessions Judge, Meerut whereby the Transfer Application No.257 of 2014 (Amit vs. State of U.P.) moved by applicant-accused was rejected.

(2.) Heard learned counsel for the petitioner as well as learned A.G.A. Record has been perused.

(3.) It seems that a criminal trial is pending in the Court of Special Judge (E.C. Act), Meerut u/s 302, 307, 452, 504, 506, 506/34 I.P.C. relating to Case Crime No.524 of 2007, Police Station-Daurala. The accused-applicant Amit appears to have had a grievance against the Presiding Officer on certain grounds which are tantamount to serious allegations against his fair attitude and integrity both. Apart from this the grievance of the accused also seems to have emanated from certain adverse expressions allegedly given by the Presiding Officer during the course of hearing in the court regarding the merits and ultimate bleak prospects of the case. The details of the facts alleged by the accused- applicant against the trial Judge were narrated in the transfer application which was moved before the court of sessions. The application was opposed tooth and nail by D.G.C. (Crl.) and when the court of sessions adverted its judicial mind on the averments made in the application moved against the Presiding Officer, he was of the view that the allegations were so patently absurd and the insinuations so improbable that they deserved not only outright rejection off the cuff but even this much was not required that the Presiding Officer should be called upon to furnish his comments on the allegations which were levelled against him. Certain case law of this High Court in this regard was also relied upon by the court of sessions while rejecting the transfer application which it did.